Category Archives: Drug Charges

Georgia Drug Possession Convictions Carry Severe Sentences

The Georgia court system takes a hard stand against illegal drug use with resulting sentences often giving the label of convicted felon in addition to years of jail time and hefty fines. The Controlled Substances Act (CSA) enacted into law in 1970 is the Federal drug possession policy that regulates the manufacture, importation, possession, use and distribution of specific drugs that are often used illegally. Drug possession of even a small amount of an illegal drug or possession of drug related paraphernalia without the actual drug may result in the judge sentencing you to the mandatory minimum sentence for Georgia drug possession.

Mandatory Minimum Georgia Drug Possession Sentence

The mandatory minimum sentence for Georgia drug possession means that the court cannot sentence you to serve less time than the mandatory minimum. In addition, you would not be able to receive an early parole until after the minimum sentence in jail has been served for drug possession. According to the Georgia Drugs and Narcotics Agency, Georgia drug possession guidelines assist the court in determining what the mandatory minimum punishment would be. As an example, for drug possession of marijuana, sentencing could result in a misdemeanor or felony charge with jail time ranging from 1-year to 10-years of jail time, even if this is a first offense.

Georgia Drug Possession Criminal Code

The penalty in the State of Georgia for drug possession will vary dependent on the type of illegal drug, the amount of illegal drug you have, your intention to use or sell, and if this is your first, second or third offence for drug possession. In Georgia, drug possession of marijuana can carry jail time of up to 10 years, while drugs such as heroin, LSD, ecstasy, cocaine, oxycodone or methamphetamines can carry jail time of up to 30-years for second offenses. The Georgia Criminal Code describes 5-schedules of controlled substances with most felony drug possession charges falling into the Schedule I or Schedule II categories.

  • Schedule I includes drugs such as Heroin, LSD, MDMA and Ecstasy; all of these drugs have a high potential for abuse and are not used for medical treatment
  • Schedule II drugs with a high potential for abuse and are also used in medical treatment include Cocaine and Amphetamines
  • Schedule III drugs are controlled substances which are often abused and are used in medical treatment. These drugs include depressants, stimulants, and anabolic steroids.
  • Schedule IV while similar to Schedule III medications have less of a potential for abuse in the community. These drugs include various depressants and stimulants.
  • Schedule V are controlled substances with a lowered potential for abuse and are frequently used for medical treatment. These medications include certain narcotics that are often mixed with other agents for prescription use.

Atlanta Georgia Drug Possession Attorney

Whether this is your first, second, or even third offense having a proven expert Atlanta drug possession attorney heading up your case will give the best opportunity to reduce or remove the charges, receive a conditional discharge without a conviction or guilty plea on your record, or be placed on probation instead of jail time. Conviction of a felony will affect your job, the privilege of holding a driver’s license, your ability to receive financial aid for education, your ability to buy a home, and your standing in the community.

Choosing the right Georgia drug possession lawyer is critical to explore all options and protect your constitutional rights while working to avoid a criminal conviction for drug possession. You only have once chance to avoid criminal charges and challenge State’s evidence against you – Call Lisa L. Wells, Attorney At Law, your Atlanta area drug possession attorney today.

Is it Time to Reconsider Georgia’s “Seven Deadly Sins” Law?

Bill May Allow Greater Sentencing Flexibility for Those Convicted Under GA’s Seven Deadly Sins Law

Georgia carries out the harshest punishments in the nation for seven crimes: murder, rape, aggravated sexual battery, aggravated sodomy, aggravated child molestation, kidnapping, or armed robbery. The 18-year-old “Seven Deadly Sins” law mandated mandatory sentences that range from ten years to life. One hundred percent of the sentence must be served.

Lawmakers are being asked to take a second look at the law to allow the courts some flexibility in sentencing, according to The Atlanta Journal-Constitution in an article that uses the story of Sarah Page Dukes as the catalyst that finally spoke to enough people over growing concerns that the law is too draconian.

Dukes became addicted to heroin in high school, even though she’d been a promising Sutton Middle School star student. As she became more addicted, she began stealing to support her habit, eventually turning to armed robbery. She eventually robbed her former employer’s store, but even he could see that Sarah needed rehabilitation and petitioned the court, pointing out that incarceration would not benefit her or anyone else and would “only insure that Ms. Dukes revert to drug addiction upon her release.”

Ms. Dukes’ plea deal fell through and she was sentenced under Georgia’s Seven Deadly Sins Law: ten years in prison with no possibility of parole. Now drug-free, Sarah has used the time well, having discovered a talent for teaching other inmates, helping them to earn their GEDs.

Accused of One of the “Seven Deadly Sins” in Georgia? Talk to an Atlanta Criminal Defense Attorney

No matter what your stand is on the get-tough law, Georgia taxpayers pay hundreds of millions of dollars to keep convicted felons in prison. When prison budgets (1.1 Billion) strain the State coffers to keep non-violent offenders incarcerated, no-one wins.

If you’ve been accused of one of the 7 deadly sins in Georgia, you need representation from an Atlanta criminal defense attorney with ample experience defending clients accused of a felony crime.

The District Attorney has discretion whether or not to press charges, but his or her job is to seek the maximum punishment for your crime. You need an attorney who knows how to present a convincing argument to the jury while at the same time creating enough question that the DA’s case is based on conjecture and supposition.

Atlanta crime lawyer Lisa Wells works hard to get your charges dropped or reduced to a lesser charge. We’ll hire independent investigators, when necessary, who will re-examine the evidence, including witness statements, and question arrest procedure and the validity of searches, always seeking a “not guilty” verdict.

Don’t give statements or meet with the DA before speaking with defense attorney Lisa Wells. She also assists attorneys from other parts of the state, knowing that a skilled defense team that shares resources is usually able to obtain optimal results. Call today for a free, confidential initial consultation and evaluation of your charges.